ANC Secretary-General Fikile Mbalula has obtained a gagging order against controversial businessman Brown Mogotsi in the Gauteng High Court, Pretoria.
Judge Jacobus Strydom ruled that Mogotsi’s public utterances regarding Mbalula, which include linking him to the death of billionaire businessman Wandile Bozwana, are defamatory and harmful to his reputation.
The judge found that the allegations made about Mbalula in various television and social media posts are false and defamatory.
He declared these statements regarding Mbalula to be unlawful and ordered Mogotsi to retract the statements within 48 hours from all media platforms.
Mogotsi, who did not attempt to defend the statements, is further interdicted and restrained from doing any interview that says or implies that Mbalula is involved in the murder of Bozwana and that he is the beneficiary of the linked housing scandal in the Free State.
Mogotsi, earlier in claiming that Mbalula was involved in Bozwana’s murder, made statements that an unnamed source has proof that he was with Vusi “Khekhe” Mathibela a few days before Bozwana’s murder and that he was seen in the company of those who had killed Bozwana shortly after the incident.
These allegations are highly defamatory of Mbalula, the judge said, and Mogotsi was gagged from ever again spreading these falsehoods.
Judge Strydom found that Mogotsi is liable to pay damages to Mbalula. The judge referred this aspect to oral evidence to determine how much damages should be payable.
Bozwana’s killers were brought to book last year when Mathibela and his co-accused were each sentenced to 30 years’ imprisonment.
Judge Strydom, meanwhile, found that Mogotsi did not try to prove that the statements he made regarding Mbalula are the truth or that they are a fair comment. He said these statements are extremely harmful to Mbalula.
zelda.venter@inl.co.za
